Landlord not paying mortgage on property I am renting

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

MilliesMadMother

Your rental payment for the period 31st May – 30 June 2015 is now overdue. We would therefore be obliged to receive your settlement direct to our account by tomorrow, 5th June at the latest.

Letting Agent

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Hi Lenders Team, Lenders Solicitor

Following your previous email, I have now received my Notice to Quit (to formally end my current tenancy agreement) you have acknowledged myself as the tenant making my tenancy agreement "binding” I therefore expect Mortgage Trust Ltd to honour my tacit relocate agreement.

At the moment who should I be paying my rent to I am paid up to 31st May 2015 with the Letting Agent. Does this situation change?

The reason I am feeling aggrieved is I moved to this property with my 12 year old son as a long term let, decorated the full flat, replaced carpets, bath panel, bathroom and ensuite flooring spending in the region of £1000 as the landlord was not in the position to do it. Only after I had done all this work that I became aware of the landlords financial position and now being left out of pocket.

I look forward to hearing from you asap.

MilliesMadMother

Dear Madam

Thank you for your email of 5th June. The Notice to Quit has been served on you by the heritable creditor of the property under Ground 2 of the Housing Scotland Act, as detailed in the Notice. As such our clients, as heritable creditor, are not bound by the terms of the Tenancy Agreement between you and Mrs Landlord.

Any rental payments which you are due to make in terms of the Tenancy Agreement should continue to be made to the Letting Agents.

The Notice to Quit requires you to remove from the property prior to 26th July 2015. If you remain resident in the property after 26th July 2015 a court action will be raised against you in Sheriff Court with a view to obtaining a Decree of Ejection to enable our clients to eviction you from the property.

We would once again stress to you that we are unable to offer you any legal advice in connection with this matter and you should consult your own Solicitor or seek advice from CABG or similar advice agencies.

The Lenders Solicitor

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

MilliesMadMother

Your rental payment for the period 31st May – 30 June 2015 is now overdue. We would therefore be obliged to receive your settlement direct to our account by tomorrow, 5th June at the latest.

Letting Agent

I have now paid my account to 30th June

[cymruambyth]

Re: Landlord not paying mortgage on property I am renting

Hi mmm

Just to say that I am still following your situation but other than sending cyber support I can't help. PlanB is away for a couple of days but will be checking here on her return.

[nanna58]

Re: Landlord not paying mortgage on property I am renting

Hi mmm , at least you will be seen as doing all the right things xx

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

I am viewing a new property on Friday however I am tempted to tell the letting agent that I am not paying my last month rent here to partly cover the expenses of decorating and removal costs to here and now I need to pay removal costs all over again.

What are your thoughts PlanB

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I am viewing a new property on Friday however I am tempted to tell the letting agent that I am not paying my last month rent here to partly cover the expenses of decorating and removal costs to here and now I need to pay removal costs all over again.

Viewing it through the same agent or different agent?

I think the 'Man from Shelter' already dropped a hint about you making sure you're not going to be "out of pocket" in his last communication. Obviously as a highly respected charity he can't be seen to advise you to leg it and tell them to stuff the rent, but . . . .

Will the next property wait until the end of July for you to move in if it takes your fancy?

This next bit has nothing to do with anything, but I sense you feel your current property has bad karma following all the legal shenanigans so maybe *moving on* is no bad thing. Just make sure it's not an 'out of the frying pan and into the fire' situation.

Let's check everything upfront this time. No more Ms Nice Guy.

Plan B x

[nanna58]

Re: Landlord not paying mortgage on property I am renting

Good luck x

[PlanB]

Re: Landlord not paying mortgage on property I am renting

Dear Mortgage Trust,

See below my email which has been sent to your solicitor.

Further to receiving my 'Notice to Quit'

The mortgage holder is Mrs I don't give a shit, subsidised and in the sun...

I maybe interested in buying the property for a reasonable price in the future.

I look forward to hearing from you on the above matter.

Have you received a reply or any acknowledgement of your letter sent to The Mortgage Trust on 5th June ?

There's still a legal/court date in the diary for the end of July isn't there?

Have you asked Shelter whether you could/should register your legal interest in these proceedings?

I would.

Plan B x

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Viewing it through the same agent or different agent?

I think the 'Man from Shelter' already dropped a hint about you making sure you're not going to be "out of pocket" in his last communication. Obviously as a highly respected charity he can't be seen to advise you to leg it and tell them to stuff the rent, but . . . .

Will the next property wait until the end of July for you to move in if it takes your fancy?

This next bit has nothing to do with anything, but I sense you feel your current property has bad karma following all the legal shenanigans so maybe *moving on* is no bad thing. Just make sure it's not an 'out of the frying pan and into the fire' situation.

Let's check everything upfront this time. No more Ms Nice Guy.

Plan B x

Hi PlanB

It's through the the same agent, they are giving me first refusal on it, I need to let them know by Monday however if I want it they want £150 to hold it for me till I am ready to move in. I thought that was a bit cheeky considering everything I have been put through here. I guess the letting agent will just say it's the process and this has all been out with their hands..... Pass the buck!

Oh and I did ask if this Landlord was in any financial difficulty and the reply was no not that we are aware of!

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Have you received a reply or any acknowledgement of your letter sent to The Mortgage Trust on 5th June ?

There's still a legal/court date in the diary for the end of July isn't there?

Have you asked Shelter whether you could/should register your legal interest in these proceedings?

I would.

Plan B x

No reply from any of the emails which I sent Mortgage Trust

Kind of fed up fighting someone else's legal battle, feel I would just be delaying the inevitable.

I am getting kind of scunnered with the whole thing, the thought of packing up again just depresses me, so busy at work and not got the time or energy for it.

[MrsD]

Re: Landlord not paying mortgage on property I am renting

I totally understand why you'd be scunnered, I would be too. Personally I'd move on and get somewhere else, I wouldn't withhold the rent without agreeing this with the agent, the last thing you want is to tarnish your renting credibility as these agents do talk to each other, especially in a local area. I think it would be fair to ask for some recompense but as the landlord has no say anymore, I think it would be totally unlikely that anything will be forthcoming. It's a total pain moving (just staggering through myself)but you need to secure a home for you and yours, that would be my priority. You've fought the pesky landlord's corner, she doesn't give a toss, so moving on may well be better for you.

I would be extremely careful about any new let, I'd be the very devil with the detail to try to ensure that you don't have a similar situation arise again, letting in Scotland is horrendous, my two children have both had to deal with ridiculous situations when renting while at uni, all caused by letting agencies not doing what the get paid for and in one case, a court case for fraud. So be very very careful, ask loads of questions and ask if you can speak with any of the former tenants before you commit, swop the traditional roles around, you decide whether they would be good landlords before you make the decision. Good Luck, it will be fine, but it is is hard when you are in the middle of all of this.

[PlanB]

Re: Landlord not paying mortgage on property I am renting

I am viewing a new property on Friday

the same agent, they are giving me first refusal on it, I need to let them know by Monday however if I want it they want £150 to hold it for me till I am ready to move in.

So was/is it the home of your dreams?

Where do you go from here?

You have some time on your side in legal terms.

Plan B xx

[milliesmadmoth]

Re: Landlord not paying mortgage on property I am renting

Hi all

Sorry not been on to update as been busy looking for somewhere else to go....

Got an email from the letting agent today asking when I would be paying my July rent to which I replied when I decide what date I am moving out I will pro-rate my payment and that surly after all the inconvenience the landlord has caused me then she won't mind waiting for it.

Not long now till I need to be out, not got anywhere to go yet but something suitable will turn up.

MMM x

[nanna58]

Re: Landlord not paying mortgage on property I am renting

How are you in yourself ?